Sydney Gordon John Glasgow (By his Litigation Friend, Joan Diana Glasgow) v Hillingdon Hospitals NHS Foundation Trust, QBD (Master Roberts) 05/05/2015

An interim payment of £200,000 was ordered to be made to a Claimant who had sustained brain damage due to clinical negligence by the Defendant NHS Trust. Interim payments totalling £875,000 had previously been made, but the Claimant had suffered significant physical and cognitive impairments. A conservative assessment of the likely award was £1,193,916.

Judgment on liability had previously been entered in C’s favour. C sought a further award of £220,000 to cover the costs of adaptations to a new house and ongoing therapy and case management. The Defendant NHS Trust submitted that an order for an interim payment in excess of £70,000 would be unreasonable.

The Court held that the correct approach was to conservative estimate the likely award at a final hearing and, in the event that an interim award was appropriate, order an interim payment of no more than a reasonable proportion of that final amount. The Court considered that a total award of at least £1,193,916 was likely, and considered that it was reasonable to order 90% of that amount on an interim basis.

October 28, 2015 · Editorial Team · Comments Closed
Posted in: Cases